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Sports club owner's interference with business management in a commercial law perspective

Publication

Abstract

The thesis deals with the intervention of the owner of a sports club in a commercial law perspective.

Since professional sports clubs often take the form of a capital company, the competences of the statutory body, in particular the business management, are first analysed, followed by selected competences of the general meeting, especially those which relate materially to the decision-making on business management.

Based on an analysis of judicial decision-making and doctrine, the author concludes that business management includes the organisation and management of the company's ordinary business activities. On principle, the owners of a sports club may not interfere in this area. In contrast, the area where they may interfere at the general meeting is the strategic and conceptual management of the club.

The forming juridical acts of sports clubs regularly specify the powers of the individual bodies in more detail. The owners of sports clubs are usually entrusted with decision-making in the areas of team names, logos and other symbols, personnel matters concerning players or coaches, and the transfer of licences to participate in relevant competitions. This delegation of powers is in accordance with the division of competences provided for by law since these are the matters of real importance to the sports club.

However, some cases are borderline, since it is - without an intimate knowledge of the internal affairs of the sports club - impossible to assess whether these are strategic or instead routine matters. Nevertheless, even in the case of routine matters, the meaning and purpose of the law will not be contradicted by the powers established in the case of single-owner sports clubs; provided that the assumption that the sports club is not to go bankrupt or being threatened with bankruptcy is also met.